Smith v. State

PETERSON, Judge.

Aurelian Smith, Jr., appeals the denial of his motion for new trial, alleging that he received ineffective assistance of counsel. The trial court heard testimony on the allegations of ineffective assistance and found that defense counsel’s conduct “was measurably below the standard of conduct this court has become accustomed to from attorneys who normally appear before it.” The trial court also found that defense counsel’s errors identified by expert witnesses were not likely to have affected the outcome of the trial. We disagree, vacate the judgment and sentence, and remand…